Crean v Harty & Ors (Approved) [2020] IECA 364 (22 December 2020)

Crean v Harty & Ors (Approved) [2020] IECA 364 (22 December 2020)

Section 13(1)(b) of the Civil Liability and Courts Act 2004 mandates that defendants in personal injuries actions provide full and detailed particulars of each denial in their defence. Where a denial, though negative in form, is in substance a positive assertion (such as that informed consent was obtained), particulars must be provided. The defendants' refusal to provide particulars was contrary to the statutory obligation, and the plaintiff is entitled to such particulars to know the case he must meet at trial.

Citation
[2020] IECA 364
Parties
Plaintiff/appellant: Daniel Crean; Defendant/respondent: James Harty; Defendant/respondent: Heath Service Executive; Defendant/respondent: South Infirmary - Victoria Hospital Cork Limited
Jurisdiction
Ireland
Judgment Date
22 December 2020
Procedural Posture
Personal Injuries Appeal / Appeal From High Court Decision Refusing to Order Further and Better Particulars
Outcome
Appeal allowed. High Court order set aside.
Legal Topics
Pleadings, Particulars of Defence, Informed Consent, Civil Liability and Courts Act 2004, Disclosure Obligations
Civil Procedure Personal Injury Law Pleadings Particulars of Defence Informed Consent Civil Liability and Courts Act 2004 Disclosure Obligations

Case Brief

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Parties

Daniel Crean

Plaintiff/appellant

James Harty

Defendant/respondent

Heath Service Executive

Defendant/respondent

South Infirmary - Victoria Hospital Cork Limited

Defendant/respondent

Procedural Posture

Personal Injuries Appeal / Appeal From High Court Decision Refusing to Order Further and Better Particulars

Legal Issues

  1. 1 Whether section 13(1)(b) of the Civil Liability and Courts Act 2004 requires defendants in personal injuries actions to provide full and detailed particulars of a denial pleaded in their defence, specifically regarding informed consent.

Ratio Decidendi

Section 13(1)(b) of the Civil Liability and Courts Act 2004 mandates that defendants in personal injuries actions provide full and detailed particulars of each denial in their defence. Where a denial, though negative in form, is in substance a positive assertion (such as that informed consent was obtained), particulars must be provided. The defendants' refusal to provide particulars was contrary to the statutory obligation, and the plaintiff is entitled to such particulars to know the case he must meet at trial.

Court Disposition

Appeal allowed. High Court order set aside.

Orders

  • Order directing each defendant to provide the further and better particulars of their respective defences as sought by the plaintiff's solicitors' letters dated 15 and 17 August 2018.
  • Plaintiff awarded costs of the appeal and the High Court application, subject to a stay pending further application if desired.